The High Court has issued a suspension on the choice by the Kenya National Examinations Council (KNEC) plans to manage the mid-year sequence of the Kenya Certificate of Secondary Education (KCSE) examination.
KNEC introduced a retake of KCSE exams in July, focusing on candidates who wished to enhance their earlier grades from the 2024 exams with a second likelihood.
The courtroom nevertheless briefly suspended the method after Nakuru-based physician Magare Gikenyi met the brink to problem conservatory orders, difficult the transfer citing a scarcity of public participation.
“The application has met the threshold for granting of conservatory orders at this stage. I proceed to issue conservatory orders…to preserve the subject matter pending interparty hearing,” Kisii High Court Lady Justice Odera Teresa Achieng dominated.
This got here after Gikenyi sued KNEC, claiming repeat exams mid-year would undermine nationwide examinations’ integrity. According to Dr. Gikenyi in his petition, he argued that there isn’t a proof to recommend that stakeholders or the general public have been concerned within the decision-making course of.
“If this honorable court does not stop the illegal actions and omissions committed by the respondents, then the outlined constitutional violations will continue, undermining the rule of law and principles of good governance,” he proclaimed in his petition.
He additionally contends that the rules have created two classes of candidates: one group with a restricted preparation interval (July) and one other with an extended revision interval (November).
According to Dr. Gikenyi, this distinction lacks rational justification and violates Article 27, learn along with Articles 24, 10, 73, and 75 of the Constitution.
Further, he asserted that the KCSE exams have traditionally been performed in November, making a legit expectation amongst learners that in the event that they failed, they may retake the exams.
“Changing the exam dates abruptly without consulting affected learners, parents, and stakeholders goes against the legitimate expectations of the candidates and their right to fair administrative action,” the petition reads partially.
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